OSHA Inspection: MAGIC CITY CONSTRUCTION CO., LLC

Issued

Nov 10, 2022

Abate by

Dec 30, 2022

Penalty

Initial $465 · Current $465

General-duty citation text

29 CFR  1903.19(c)(1):The employer had not certified  to OSHA (the Agency) within 10 calendar days after the abatement date that each cited violation has been abated:  2000 and 4000 Ellington Metro West in Westborough, MA ; As of November 9, 2022, the employer had not provided abatement certification for Inspection number 1603275, citation #1 , item number  #1, which was issued on July 26, 2022 with an abatement  date of August 19, 2022 and a final order date of  10/26/202022.

Issued

Nov 10, 2022

Abate by

Dec 8, 2022

Penalty

Initial $465 · Current $465

General-duty citation text

29 CFR  1903.19(d)(1):The employer did not submit to the Agency documents demonstrating that abatement is complete for each  serious violation for which the Agency indicates in the citation that such abatement documentation is required:  2000 and 4000 Ellington Metro West in Westborough, MA ;  As of November 9, 2022, the employer did not provide documentation for citation 1, item 1 , inspection number 1603275, that was issued on July 26, 2022 with an abatement  date of August 19, 2022 and a final order date of  10/26/202022.

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $3,315 · Current $1,658 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at each workplace, a written hazard communication program:  2000 and 4000 Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employer had not developed, implemented, and/or maintained a written hazard communication program for employees at this site that were working with substances such as but not limited to the James Hardie brand plank siding  which posed potential  health hazards during installation activities.    Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1): Employers did not  have a safety data sheet in the workplace for each hazardous chemical which they use:  2000 and 4000 Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employer did not ensure that there was a safety data sheet in the workplace for the James Hardie brand board siding that was being installed this residential construction site.    Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals:  2000 and 4000 Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employer did not provide his employees with information and training  on the potential health hazards  posed by dusts created during installation operations of  the James Hardie brand board siding that being installed at this residential site.    Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $3,315 · Current $1,658 Reduced

General-duty citation text

29 CFR  1926.102(a)(1):The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles:   2000 and 4000 Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site had not been provided any eye protection for the installation of siding product with a compressed air powered nail gun.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $5,801 · Current $2,901 Reduced

General-duty citation text

29 CFR  1926.403(b)(2): Installation and use. Listed, labeled, or certified equipment was not  installed and used in accordance with instructions included in the listing, labeling, or certification:   a)) 2000 Ellington Metro West., Westborough, MA: On or about June 15, 2022,  employees were noted to be using multiple extension cord sets that were connected together to increase the reach of the cords ( aka daisy chaining) which is not permitted by the cord manufacturer and the employer did not ensure that his employees were using extension cords  in accordance with the instructions included in the listing, labeling, or certification.   b) 4000  Ellington Metro West., Westborough, MA: On or about June 15, 2022 employees were noted to be using a ground fault circuit interrupter (GFCI) that was connected (plugged) into extension cord sets instead of an outlet receptacle and the employer did not ensure that his employees were using the GFCI in accordance with the listing, labeling or certification.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.403(i)(2)(i): Live parts of electric equipment operating at 50 volts or more were not guarded against accidental contact by cabinets or other forms of enclosures, nor by any of the  means listed in subparagraph (A) through (D) of this paragraph:   2000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were using  an extension cord with the female attachment plug removed and the ends bare  conductors were alligator clipped onto live 120 volt AC conductors that were pulled out of an exterior  wall mounted junction box .  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.404(f)(6):  The path to ground from circuits, equipment, and enclosures was not permanent and/or continuous:   2000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were using a flexible extension cord that was spliced directly into the 120 Volt AC conductors of a premise wiring junction box and the path to  ground from the premise circuit to the extension cord was not continuous.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.405(g)(2)(iii):  Flexible cords were not used  in continuous lengths without splice or tap:   2000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were using a flexible cord that was not used in continuous lengths without splice or tap in that one of the cods attachment plugs had been removed and the cords conductors were tapped into the 120 Volt AC premise wiring with alligator clips and wire nuts.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.405(g)(2)(iv):  Flexible cords were not connected to devices and fittings so that strain relief is provided which will prevent pull from being directly transmitted to joints or terminal screws:   2000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were using a flexible cord that was spliced directly into the live 120 Volt AC conductors of an exterior junction box and they were not connected to devices and fittings so that strain relief was provided to prevent pull from being directly transmitted to joints or terminal screws.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $4,144 · Current $2,072 Reduced

General-duty citation text

29 CFR  1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels was not protected by guardrail systems, safety net system, or personal fall arrest system:  4000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were observed standing on the railings of a porch while installing siding on this residence and were  exposed to falls greater than 23 feet  above lower levels  and they were not protected by guardrail systems, safety net system, or personal fall arrest system.  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $3,315 · Current $1,658 Reduced

General-duty citation text

29 CFR  1926.1053(b)(4): Ladders were not used only for the purpose for which they were designed:  4000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were observed standing on unopened A frame ladders while installing siding on this residence which is not an approved use of these ladders.    Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).

Issued

Jul 26, 2022

Abate by

Aug 19, 2022

Penalty

Initial $3,315 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1053(b)(5)(i):Non-self-supporting ladders were not used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support):  4000  Ellington Metro West., Westborough, MA: On or about June 15, 2022, the employees working at this site were observed using aluminum extension ladders at four-tenths of the working distance of the ladder (the distance along the horizontal distance from the top support to the foot of the ladder) while installing siding on this residence which is greater than the proscribed  approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support).  Specific abatement documentation that this violation has been corrected must be provided within 10 days of the abatement in accordance with 29 CFR 1903.19(d)(1).